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  • Overview

    This page gives an overview of our employment services for businesses. If you’re an individual looking for professional advice on employment law, please visit our for you page.

    Handling employment law issues can be a big distraction when you are trying to run a business. Get it wrong and it can tie up lots of management time as well as being very costly. But, when you get it right, it complements the business and keeps you running smoothly.

    So that’s our job as employment solicitors – to keep you running smoothly and if an occasional hiccough occurs – because life is like that – we’ll help you get through it with minimal disruption.

    We act for businesses in Kent, Sussex and beyond, of all shapes and sizes and in many different sectors. Our advice covers all aspects of the employment relationship, helping to settle disputes, defending employment tribunal claims and providing immigration compliance audits. You’ll see the full list below.

    The fact is that employment law has become much more complicated in recent years. So you can rest assured that we have a team with terrific expertise and experience across the full spectrum of work. What makes us stand out is the depth of the relationship which we will forge with you based on our unstinting commitment to understand the way you and your business operates. That way we design and tailor

    our service around your needs – not an off-the-shelf formula. You will experience our unrivalled speed of response, which is consistently praised by those we work with.

    So whether it’s dealing with employment tribunal claims or providing a telephone helpline service we’ve got all angles covered to provide commercially driven, strategic and practical advice, given with the energy and proactivity you expect from a trusted professional adviser.

    To give a flavour of our work here are some recent examples

    • Advising a national construction firm that was negotiating a public sector contract with a local council, we were able to advise comprehensively on all employment issues including the Local Government Pensions Scheme
    • Advising a group of current and former employees of a multi-national food distribution company who tried to move over £20 million worth of our client's business to a competitor, we successfully took proceedings against them
    • Advising a national insurance broker that had to close one of its sites, we took them through the process of consulting with its workforce
    • Advising a care home sector charity on strategies for cost reduction which involved changes to terms and conditions.

    Our employment services for businesses include:

    • Employment advice and support on all aspects of employment law
    • Employment audits of terms, conditions, policies and procedures
    • Annual fixed price advice and support telephone line
    • Employment Insurance protection
    • Defending employment tribunal claims
    • Collaborative and constructive resolution of employment and workplace disputes
    • A HR Responsive Consultancy Service
    • Immigration compliance audit services
    • Employment law and best practice training.


    For a discussion of your needs contact Alexander Millward on 01322 623707 or email him.



  • Related Client Stories

    Helping an employer resolve a complicated case involving risk of disclosure of confidential information

    One of our client’s employees was found, after he handed in his notice, to have been using our client’s confidential information and its systems to conduct business for some clients of the business on side for his own gain.

    Acting for an employer in response to a religious discrimination claim

    An employee of our client unsuccessfully applied for a vacancy in January 2016, which would have been a promotion for him.  In response he, a long standing employee, raised a number of complaints alleging that over a number of years he and other employees had been denied a promotion and workplace opportunities because of religion.

    Aiding in a restructuring of senior management

    Our client, a subsidy of a pan-European company, needed to boost profitably. We conducted five managed terminations of senior staff whose performance at work was not conducive to the future success of the company.

    Acting for a multi-academy trust

    We aided our client in responding to a claim by a job applicant that their interview process was discriminatory.

    Acting for a large charity

    We have aided a leading charity in restructuring their HR and finance departments, alongside streamlining their operation as a whole to meet the challenges they face.

    Acting for Pure Asphalt Company Ltd

    The client, one of the leading mastic asphalt manufactures in the UK, contacted us in relation to a disgruntled senior manager who, through his solicitor, raised a meritless grievance accompanied by an invitation for the client to pay him to leave his employment.  In addition to this, he went off sick with stress.

    Acting for North Kent College in defending an employee’s claim of discrimination

    North Kent College provides education to 4,500 students across two main campuses in Dartford and Gravesend. Susanna Rynehart, Partner in our employment team has acted for them and advised them on various employment matters.

    Thomson Snell & Passmore successfully defends care home provider

    Our client, Avante Care & Support Limited, are a major regional provider of care homes for elderly and vulnerable adults.

    Rural Age Concern Darent Valley

    Rural Age Concern Darent Valley (the Charity) is an independent charity providing services for the elderly and disabled people in the southern parishes of Dartford Borough Council and Northern Parishes of Sevenoaks District Council.  They work closely with other groups, based in Kent, as well as local, regional and national agencies to represent the interests of the elderly and disabled on various committees and forums.

    Fleetdown Community Centre

    Fleetdown Community Centre (Fleetdown) is a charity run by a committee of volunteers from members of the local community.

    Acting for a large salad and cereals producer

    Our employment team have been acting for a large salad and cereals producer since February 2015.

    Acting for a well known cheese manufacturer

    Our employment team have acted for a well known cheese manufacture since January 2015.

    Acting for a company who specialise in the development, marketing and sales of hops

    Our employment team have been acting for a company who specialise in the development, marketing and sale of hops and hop based products since 2003.  

    Acting for a large fresh fruit, vegetable & salad producer in the UK

    Our employment team have been acting for a large fruit, vegetable and salad producer since 2008.

    Acting for a leading berry & stone fruit production and marketing group

    The work undertaken for this company by the employment team over the last 7 years included..

    Acting for a leading sandwich manufacturer and distributor

    Our employment team have been acting for a leading sandwich manufacturer and distributor since December 2014.

    Conversion of office buildings to student accommodation

    We are acting on disputes re two building contracts the client entered into for a single project to turn offices into student accommodation which the developer is to lease to a local university.

    Changing perception of a company's resilience in dealing with employment tribunal litigation

    Thomson Snell & Passmore’s employment team were instructed by an existing client of the firm to represent it in defending an employment tribunal claim brought by an ex-employee.

    When is it appropriate to settle an employment tribunal claim?

    There are times when an employer needs to, and should, take a stand when facing a claim in the employment tribunal and there are times when it makes commercial sense to settle.

    Compliance with employment tribunal time limits

    Strict time limits are in place for issuing claims in the employment tribunal and if these are not complied with, there are only rare occasions when a claim will be allowed to continue to proceed.

    Turning a negative employment situation into something positive

    Susanna Gilmartin, Partner, represented a senior director in relation to the abrupt termination of his employment, successfully assisting him in obtaining funding for High Court proceedings and negotiating a six figure compensation package for him.

    Defending employment tribunal proceedings for unfair dismissal

    There are times when an employer needs to take a stand which is exactly what Berry Gardens Limited the UK's largest berry supplier, with an annual turnover of £193 million did in respect of defending unfair dismissal proceedings issued against it by a former employee which it felt was a ‘try on’.

    Winning an employment tribunal claim – a senior executive’s success story

    Susanna Gilmartin, Partner in the employment team recently represented a senior executive against his former employers and assisted him in winning his claim for constructive unfair dismissal and breach of contract in the employment tribunal.

    Striking out frivolous employment tribunal claims and recovering costs

    Crowhurst Park, a holiday and leisure park on the outskirts of the historic town of Battle in East Sussex which lets luxury pine lodges and holiday homes on its 120 acre country estate, successfully got claims for constructive unfair dismissal struck out and costs awarded against the employees.

    Stourbridge College

    This case study demonstrates the expertise of our Corporate, Real Estate and Employment teams who acted for Stourbridge College in relation to a rescue merger for Kidderminster & District Training Company Limited (KDTC).

    Minority shareholder - unfair prejudice

    This case study demonstrates the expertise of our Corporate, Commercial, Employment and Dispute Resolution teams who worked closely together to secure a successful outcome for our client, seamlessly managing unfair dismissal and unfair prejudice claims side-by-side and offering the client a single point of contact in relation to both claims.

    Procter Consultancy Limited

    This case study demonstrates the expertise of our Corporate, Commercial, and Employment teams who together advised the shareholders of Proctor Consultancy Limited on the acquisition of Procter by Imparta Limited. The case study is an example of how we can work closely with a client to achieve the intended result, however complex the transaction and however short the timetable is.

    Nurture Landscapes Limited

    This case study demonstrates the expertise of our Corporate, Commercial, Employment, and Commercial Property & Development teams who together advised Nurture Landscapes Limited (a landscape gardening business) on incorporation of a company, registering trade marks, and acquisitions.

    Protecting confidential information

    Dole Fresh (UK) Limited, a large producer, distributor and seller of fresh fruit and vegetables, successfully defended a direct attack to its business by taking High Court injunctive relief action to protect it and recover its confidential information.

    Dismissing a difficult and obstructive employee

    The conduct of an employee in certain circumstances can result in the irretrievable breakdown of the working relationship entitling an employer to terminate the contract of employment.

  • Latest Updates

    Workplace Law - December 2017

    We have a look at the future of the Fit for Work scheme, unlimited roll over of unpaid holiday and how softening the blow of dismissal can make life harder for employers. We wish all of our readers a very Merry Christmas and a peaceful New Year.

    How softening the blow could make life harder for employers

    Dealing with performance issues can be awkward and it can often be easier to put it off and hope that the matter will resolve itself. Many choose to ‘soften the blow’ by giving reasons that do not reflect badly on the employee, like redundancy or reorganisation, what could be wrong with that? That way we can all avoid that awkward conversation that the employee is not meeting the requirements but still achieve the ultimate goal of removing the employee. Yes, that sounds good! Wrong.

    Unpaid holiday, unlimited roll over

    A recent European Court of Justice case has found that where workers are not paid for annual leave, their annual leave entitlement will roll over indefinitely. At the end of their employment, they are then entitled to payment in lieu of their accrued entitlement, apparently without limitation.

    Fit for Work out, what’s coming in?

    The government has recently announced that it is scrapping the Fit for Work scheme in England and Wales from 31 March 2018, citing low uptake for the GP-led occupational health programme. When surveyed, two thirds of GPs had not referred anyone to under the scheme in the last year, and of those who had, 40% had no successful returns to work.

    Workplace Law - November 2017

    In the wake of a number of high profile allegations of sexual harassment we consider how to deal with sexual harassment in the workplace in this month’s Workplace Law. We also consider on going case law developments in respect of employment status and the risk assessment you need to perform for women who want to breastfeed at work.

    Breastfeeding at work – Risk assessments

    The obligations on employers to carry out risk assessments in relation to new and expectant mothers are well-established. Where working conditions might put new or expectant mothers or their babies at risk, employers must carry out a risk assessment.

    Employment Appeal Tribunal upholds the ruling that Uber drivers are workers

    Just over a year ago two drivers brought an action against Uber in the Employment Tribunal (ET) arguing that they should be treated as employees. The ET concluded that Uber drivers were not employees but that they were workers as a result of which they were entitled to be paid the minimum wage, receive paid statutory holiday and be paid statutory sick pay.

    FAQ: Frequently asked questions from across the practice

    Every month we answer frequently asked questions from across the practice and bring them together to help bring clarity to your legal needs. Each of the sections below lead off to a more comprehensive bank of information.

    The benefits of promoting positive mental health in the workplace

    The management of mental health in the workplace has been hitting headlines in recent months. In October, the Thriving at Work report, commissioned by Prime Minister Theresa May, found that up to 300,000 people with long-term mental health problems have to leave their jobs each year, with poor mental health costing the UK economy up to £99billion annually.

    Government announces Social Care Compliance Scheme for underpaid sleep-in shifts

    The government has announced a new Social Care Compliance Scheme (SCCS) to help care providers who have underpaid workers carrying out sleep-in shifts in the past.

    Workplace Law - October 2017

    The workplace as we know is ever evolving so make sure you are up to date with the latest issues in the workplace by reading this edition where we consider the ECJ ruling on discrimination for Greek police, previous incidents at work being considered in a misconduct dismissal and the taxation position of termination payments from April 2018.

    Segregation in School - The Al-Hijrah case

    The Court of Appeal has found that segregation of pupils by sex at an Islamic faith school in Birmingham was directly discriminatory.

    Tattoos - the last Taboo?

    Love them or hate them, tattoos are popular and more and more people have them. From Judi Dench to Harry Styles, an increasing amount of people are choosing to decorate their bodies with ink.

    Caught on Facebook - Monitoring workers' digital communications

    Last year, in Barbulescu v Romania, the European Court of Human Rights decided that employers were able to monitor their workers’ emails where there was a good reason for doing so. Now, in a surprising turn of events, that decision has been reversed on appeal.

    Has the fog cleared on vaping at work?

    E-cigarettes have not been around long but you can find an E-cigarette shop in almost every high street or shopping centre and it is estimated that there are circa 2.8 million E-cigarette users in the UK.

    Why is the take up of shared parental leave so low?

    The conciliatory service ACAS recently published a report focused on workplace attitudes towards supporting parents who take extended leave to care for children. The report, Flexible Working for Parents Returning to Work – Maintaining career development, confirms that while there’s been a big push for employers to encourage women to feel comfortable taking maternity leave without losing their status in the workplace, the same can not be said for their male counterparts.

    Workplace Law - September 2017

    The workplace as we know is ever evolving so make sure you are up to date with the latest issues in the workplace by reading this edition where we consider vaping at work, monitoring employees and the tattoo taboo..

    Huge hike in compensation payments for hurt and upset employees

    With effect from the 11 September 2017 there will be a very significant rise in compensation awards for injury to feelings or psychiatric injury in discrimination cases.

    Significant court case continues

    On 26 July 2017, the UK Supreme Court ruled that the employment tribunal fees regime, introduced in 2013, was unlawful. The government had already undertaken that if it lost the case it would refund the fees paid over the last four years.

    Workplace Law - August 2017

    There is lots of information in our August edition of Workplace Law, we have split it into three sections. These include: Voluntary overtime - we talk about a new ruling which will be welcomed by employers who are paid overtime. Statutory payments - employers need to alter how they have been calculating various statutory payments. Injuries to feelings in the workplace - a recent case (De Souza v Vinci Construction) resolved questions as to whether civil courts can now apply injuries to feelings.

    Proposal for paid time off for grieving parents

    Just before Parliament broke up for its summer break, the Parental Bereavement (Pay and Leave) Bill was introduced into the House.  The bill proposes that employed parents who have lost a child will, for the first time, get statutory paid leave to grieve.

    We have all been calculating statutory payments incorrectly

    Whilst this decision cannot compete with the recent employment tribunal fees ruling in terms of consequences for employers, it does go against over 20 years of established practice and will come as a shock to most employers.

    Another case shows the limits of TUPE obligations in re-contracting situations

    A recent case involving an NHS trust has demonstrated that, for a group of employees to transfer to a new contractor under TUPE, it is essential that they are organised for the principle purpose of carrying out the end client’s particular work.

    Breathing Space For Social Care As HMRC Stops Pursuit Of Fines For Minimum Wage Failures

    Newsflash - Holiday pay and voluntary overtime

    Employees who regularly work voluntary overtime should have these payments included when calculating their holiday pay, following a landmark decision on overtime and holiday pay at the Employment Appeal Tribunal (EAT) last week, in the case of Dudley Metropolitan Borough Council v Willetts.

    Workplace Law - July 2017

    In our July edition of Workplace Law we have prepared a summary of the key points raised in the Taylor Review on Modern Working Practices. The Good Work Report makes a series of recommendations some of which if implemented into legislation then will have far reaching consequences for employers and the employment relationship. Please therefore take some time to read this month’s edition.

    Newsflash – Supreme Court abolished employment tribunal fees

    In a ground-breaking decision handed down this morning the Supreme Court ruled that employment tribunal fees are unlawful, prevent people having access to justice and the fee regime will be abolished with immediate effect from today.

    Tupe is not a case of majority rules

    Any business that has experience of outsourcing, re-contracting or bidding for contracts will have heard of the TUPE regulations.

    What is the future of the gig economy?

    Think about the workplace twenty years ago, and you’re likely to conjure a very different image from what we see today. Everything we do is quicker, more dynamic and revolves around flexibility. This includes the way we look at employment.

    National minimum wage for workers on sleep-in shifts

    The recent case of Focus Care Agency Ltd v Mr B Roberts had the Employment Appeal Tribunal (EAT) considering whether those working “sleep-in” shifts were entitled to the National Minimum Wage (NMW) for just the time they were awake or the whole of their shift, even when they were asleep.  

    The Taylor review of Modern Working Practices

    This summer has seen the release of the eagerly anticipated independent review into modern employment practices following a swathe of high profile challenges to employment status in tribunals up and down the country.

    Legal lowdown: Polygraph testing

    Solicitor, Elizabeth Maxwell from our Employment team speaks to HR Magazine about use of polygraph tests in employment disputes and whether they are admissible in courts and tribunals and the implications of if an employee refuses a test.

    Payroll blunders can be costly

    Earlier this month, John Lewis was forced to make a £36m provision for potential costs of paying the national minimum wage, after discovering that its systems may not comply with regulations.

    Workplace Law - May 2017

    In this month’s edition of Workplace Law, we look at the multifactorial approach when considering National Minimum Wage for sleep-in workers, the potential discriminatory tests following an employer’s test and the MP’s assessment of the gig economy. 

    MPs’ damning assessment on the growing gig economy

    This month MPs came together to address the alleged bogus self-employment practices that have become a major feature of modern working practices. On 1 May 2017 the Work and Pensions Committee published a report after hearing from gig economy companies like Uber, Hermes and Deliveroo and from the drivers who carry out the work for them.

    Multiple choice = multiple problems. Employer’s assessment test deemed discriminatory by the EAT.

    It is more and more common for employers to use aptitude tests in order to select candidates when recruiting. These tests can be particularly useful and relevant in the sifting and selection process.

    Paid for sleeping on the job, a dream come true for employees or a nightmare for employers?

    Understanding exactly what the position in relation to this question is particularly important if you are an employer in the care sector or education sector with boarding facilities or any other organisations that requires people to be on call or required to work “sleep-in” shifts

    Uber announced new insurance to protect drivers, but does it go far enough to protect Uber in court?

    Solicitor, Elizabeth Maxwell from our Employment team speaks to HR Magazine about Uber's new insurance scheme aimed to protect its drivers.

    Workplace Law - April 2017

    In this month’s edition of Workplace Law, we look at dismissing employees who have been on long-term sickness, the apprenticeship levy and provide clarity on the indirect discrimination test.

    The new apprenticeship levy – the basics you need to know

    You may be aware that from 6 April 2017 the government brought in the new apprenticeship levy. But what is this and what does it mean?

    Sick of waiting for employees to return from a long term illness?

    The case of O’Brien v Bolton St Catherine’s Academy is a tale of caution to all employers looking to dismiss an employee who has been on long-term sick.

    Why pay gap rules may not work

    Partner, Susanna Rynehart and Solicitor Elizabeth Maxwell from our Employment team speak to the Times about why pay gap rules may not work.

    Back to basics on ‘employee’ definition

    In our last few editions of Workplace Law we have covered the 3 big cases of Uber, CitySprint and Pimlico Plumbers - cases which have highlighted the courts new robust approach to looking behind a contract in order to determine whether an individual is an employee or a worker.

    HMRC launch online tax tool

    One of the most recent cases involved drivers engaged by a partnership providing haulage services to construction companies. The partnership argued that these drivers were self employed and therefore responsible for paying their own tax. HMRC took a different stance.  The reality of the working relationship was that the partnership dictated the terms of the relationship and there was no real evidence that the drivers were running their own business.

    Part-time employee’s redundancy dismissal deemed unfair etc by EAT

    The Employment Appeal Tribunal (EAT) has given a verdict which highlights the importance of allowing flexible working hours for employees.

    Uncovering the truth

    Polygraph tests play a major role in investigations in the US and in recent years have started to be used in the UK, but usually in respect of criminal investigations. We think there is a case to say they have a place in the employment sphere too. Particularly in issues relating to dishonesty, deception or stealing confidential information.

    Workplace Law - February 2017

    In this month’s edition of Workplace Law, we look at the Pimlico Plumbers case, the increases to tribunal awards, the online tribunal database, whether gross negligence can constitute gross misconduct and ill-health retirement!

    Can you achieve fairness and cut out name bias in recruiting?

    Senior associate, Ben Stepney from our employment team speaks with Growth Business to explain how to tackle name bias in recruiting to boost diversity and inclusion in the workplace.

    Workplace Law - January 2017

    In this month’s edition of Workplace Law, we look at the continued trend of cases in relation to employment status, the tax position for termination payments, 18 rated films and the gender pay gap.

    When a gift is a gift and not a bribe

    When a gift is a gift and not a bribe.  Elizabeth Maxwell considers the law on giving and receiving gifts in the workplace.

    Latest developments in the “gig” economy – Uber, Deliveroo, City Sprint and the Pimlico plumbers

    Back in October it was announced that the Employment Tribunal had upheld claims for entitlement to the national living wage and holiday pay from a group of Uber drivers. They found in the drivers’ favour and established that they are not self-employed but are workers. Since then, other cases have been decided against companies like City Sprint and Pimlico Plumbers where judges have grappled with the concept of worker status and blurred the lines of the so-called “gig” economy further.

    Workplace Law - December 2016

    We wish our readers all a very merry Christmas and best wishes for 2017.

    Workplace Law - November 2016

    In the November edition of Workplace Law, we would like to introduce you to collaborative employment law a new initiative that has been set up by us with Brachers, Furley Page and Thackrey Williams. We also consider the recent Uber case decision, holiday pay including commission, the tribunal fee report and judicial assessment.

    Social media in the work place

    Social media is unquestionably the new marketing frontier for businesses and the way we all like to share an opinion or have a say about what we think, eat, do and feel with our work colleagues, friends, families and people we barely know.

    The gig economy

    Senior Associate, Ben Stepney from our Employment team gives speaks to The Independent about the inevitable clash between entrepreneurial free-spirit flexibility and the long-recognised need for protection of workers rights.

    A legal decision on the status of Uber drivers is imminent

    Nick Hobden, Partner and Head of Employment speaks to City AM about the potential implications of an employment tribunal that will be a deciding factor to whether Uber drivers will be granted entitlement to benefits such as sick pay and holiday.

    Four Kent law firms team up to launch new initiative to avoid costly employment tribunals

    Nick Hobden speaks to Kent Business about a new process, called Collaborative Employment Law.

    Workplace Law - September 2016

    It is definitely time to review your data protection policies – read why in our September issue of Workplace Law. We also consider the cost consequences of using zero hour contracts incorrectly and try to understand just how much information about a claim an individual needs to give in ACAS early conciliation. There is an interesting update on reasonable adjustments too…

    FAQ: Clinical Negligence & Personal Injury

    Q: I have been injured in an accident which was partly my fault.  Does that stop me from claiming compensation? No.  Many people are reluctant to start a claim because they feel that an accident was their fault when in strict legal terms the accident was in fact caused wholly, or partly, by someone else.

    How can retailers avoid HMRC trouble when it comes to National Minimum Wage?

    Partner, Susanna Rynehart from our Employment team speaks with Retail Gazette about what employers should do or consider, in order to be compliant with National Minimum Wage legislation.

    Law firm network draws on family law to create collaborative approach to employment disputes

    Four law firms have joined forces to launch Collaborative Employment Law (CEL), a group aiming to bring a novel mediated approach to employment disputes as an alternative to litigation, modelled on a technique developed by family lawyers.

    Workplace Law - August 2016

    In this edition of Workplace Law we look at statutory holiday pay and voluntary overtime. We will also update you on the new taxation and NIC regime for termination payments, as well as introducing you to the new member of our team.

    Brexit: what are the implications?

    When the news broke about Brexit on 24th June 2016, our expert lawyers each wrote a round up of the implications that could potentially you and your business.

    Workplace Law - July 2016

    This month we consider the Uber case, when a philosophical belief is a protected characteristic, the ACAS Code’s application to ill health dismissals and the admissibility of negotiations under S. 111A and ‘without prejudice’ negotiations.

    FAQ: Employment

    Q – I employ a number of EU nationals in my business.  Now that the UK has voted for Brexit, can I continue to employ them?

    Is a discretionary bonus truly discretionary?

    Is your bonus less than you were expecting?  Is there anything you can do about it if the bonus scheme is discretionary?  Susanna Gilmartin, Partner in our Employment Team, provides some guidance that will be useful for both employers and employees.

    Brexit - there is a great deal to think about

    Senior Partner, James Partridge speaks to the Times of Tunbridge Wells and describes the impact that the Leave vote will have on businesses and looks at five key areas including commercial contracts, dispute resolution, employment, commercial property and data protection.  

    Workplace Law - June 2016

    As ever legislation is on the move and case law continues to move the goal posts, challenging HR practitioners. This month we consider whether a discretionary bonus is truly discretionary, the importance of complying with data protection laws, the review of non-compete clauses, the expectation of employees to work long hours being a PCP and the ACAS research paper on early conciliation. But first, Brexit…  

    Brexit - what are the implications?

    Following the much awaited UK referendum outcome, we have been thinking about what a Leave vote could mean and, set out below, are articles with our first thoughts.

    What will Brexit mean for employment law?

    The Trades Union Congress has commissioned a 66 page report, prepared by Michael Ford QC, reviewing the potential impact of Brexit. The following summarises his findings

    Brexit - Employment law implications

    A large amount of the UK’s employment law comes from the EU, for example the Working Time Regulations, Agency Worker Regulations and rules on transfers of undertakings.  As a member of the EU the UK has to implement EU Directives in its own domestic law and court and tribunal judges have to interpret such laws in accordance with the objectives behind them and consistent with rulings by the European Court of Justice. 

    What a Brexit vote means for immigration

    The following article discusses what people should prepare for, following the Brexit vote.

    The legal week in 60 seconds

    The Solicitors Journal reports on Thomson Snell & Passmore's recent significant promotions within the firm.

    Collaborative Mediation

    Susanna Gilmartin advised a large FE College on a difficult matter that arose involving a fraud and safeguarding investigation against a senior member of staff.

    Workplace Law - May 2016

    Welcome to our May edition as ever legislation is on the move and case law continues to move the goal posts challenging HR and employment practitioners.

    Workplace Law - April 2016

    In this month's edition of Workplace Law we consider what Brexit will mean for employment law, what is meant by a month in ACAS Early Conciliation and the ongoing debate regarding employment tribunal fees.

    Leading South East Law firm hosts another successful mock Employment Tribunal

    Leading South East law firm Thomson Snell & Passmore held its sixth successful mock Employment Tribunal (ET) in Ashford last week. The event drew a record attendance of nearly 70 people.

    Workplace Law - March 2016

    Make sure you read the March edition of Workplace Law so you know about the increase in maximum weekly pay and compensation on unfair dismissal claims. We also consider whether you can dismiss an employee for “pulling a sickie” and whether childcare vouchers = remuneration.

    Workplace Law - February 2016

    In February's edition of Workplace Law we discuss accessing employee’s personal emails at work to ensure that you don’t think employers have the green light to snoop.

    The national living wage

    On 1 April 2016 the national living wage (NLW) will come into force. This requires all workers aged 25 or over to be paid at least £7.20 an hour. This will be a 50 pence increase on the current national minimum wage (NMW) rate of £6.70 for workers aged 21 and over.

    Gender pay gap law ‘will lack bite’

    Susanna Gilmartin from our Employment team speaks to The Time’s The Brief and gives her opinions on the new proposed gender pay gap law.

    Thomson Snell & Passmore completes sale of shares in industrial tyre business

    Thomson Snell & Passmore’s corporate team has advised new clients in connection with the sale of their family business for an undisclosed sum to a US buyer.

    Workplace Law - January 2016

    We kick off January 2016's Workplace Law by reporting on the new Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015, the introduction of the National Living Wage and the new ACAS guidance on legal highs in the workplace. There is also a section on a recent case concerning instructions to an employee not to speak her native language and an overview of whether this was discriminatory.  

    Changes affecting staff and employers

    Ben Stepney speaks to Caring UK and outlines changes in employment law and states how this will affect employers and their employees.

    How Christmas bonuses can turn into a festive nightmare

    Nick Hobden speaks to money and lifestyle publication City A.M. about the most common pitfalls associated with the awarding of Christmas bonuses and gives advice on what employers should do to avoid turning Christmas bonuses into a festive disaster.

    How Christmas bonuses can turn into a festive nightmare

    Nick Hobden speaks to money and lifestyle publication City A.M. about the most common pitfalls associated with the awarding of Christmas bonuses and gives advice on what employers should do to avoid turning Christmas bonuses into a festive disaster.

    Former employees to sue charity for redundancy

    Nick Hobden, Head of Employment and Trainee Solicitor Alison Antill speak to leading independent HR news provider HR Review and give their verdict on the collapse of the Kids Company and the effect it has had on the charity’s employees.

    TUPE Regulations

    MexxaMixx is a Kent-based business which manufactures and sells a range of Mexican style cooking sauces. Following the purchases of the entire share capital of the manufacturer, orders have been running smoothly as MexxaMixx is able to control production itself.

    Care sector bosses may soon need to brush up on minimum wage regulation

    Ben Stepney and Alison Antill from our Employment team speak to business news and management magazine Real Business, to discuss whether care sector employers are inadvertently failing to pay their staff the minimum wage. 

    Why so few financial penalties for aggravated breaches of employment law?

    Nick Hobden, Partner and Head of Employment speaks to Personnel Today about his considerations regarding the penalties imposed against employers breaching their legal obligations.

    Employment issues Q&A

    Each month Thomson Snell & Passmore will be answering frequently asked questions from across the practice. Taking the lead this month, is Susanna Gilmartin a partner from our Employment team who has answered two common issues facing both businesses and individuals.

    Workplace stress: Looking to a brighter future

    The Health and Safety Executive (HSE) calculates that 11.3m working days were lost in 2013-2014 due to employee stress, depression or anxiety. According to a survey by Unison in 2013, over 70 per cent of local government employees say stress is affecting how well they can do their jobs.

    An exciting new company launches in Kent: Mexxa Mixx

    These case studies were serialised in the Kent and Sussex Courier, but are collated together in this case to show all of the different stages a company can go through and how we can assist. MexxaMixx is a ficticious Kent-based business which manufactures and sells a range of Mexican style cooking sauces.

    A look at new sickness pay reform and its impact on SMEs

    Ben Stepney casts his eye over sick pay reform and discusses the challenges SMEs face when trying to juggle employment law rights for their staff and turning a profit.

    Flexible working: How to avoid sex discrimination cases against fathers

    In a recent employment tribunal case, PricewaterhouseCoopers (PWC) were found to have discriminated against a male employee when turning down his request to work flexibly so he could spend more time looking after his daughter.

    Govt guidance on BYOD – what you need to know

    Bring Your Own Device (BYOD) describes the practice and increasingly popular occurrence of staff using their own personal mobile devices such as a laptop, tablet or smartphone for business purposes either while at work or remotely.

    What you need to know about protected and without prejudice conversations

    The concept of protected and without prejudice conversations is essentially the same, it allows communications between an employer/employee in certain circumstances to be protected by confidentiality and to not be admissible in any future dispute before a court or employment tribunal should this occur.

    Preparing for shared parental leave

    A new system of shared parental leave (SPL) will apply to parents of babies due from 5 April 2015. This will allow new parents to share childcare responsibility and time off from work.

    Client must be the same for a Tupe service provision change

    Employees will not transfer if a contract is short term or for a different organisation.

    Where do employers stand if employees cannot make it into work due to the bad weather?

    Kent has had its fair share of wet and stormy weather so far this winter. This had led to roads being blocked and public transport cancelled, sometimes making it impossible for employees to get into work.

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At every stage in instructing TS&P (and I have used them for Residential Conveyancing, Family Law and Employment Law) I have always been very impressed with the quality of the people I have dealt with. Keep doing what they are doing and they will keep my business as well as be warmly recommended by me.


At every stage in instructing TS&P (and I have used them for Residential Conveyancing, Family Law and Employment Law) I have always been very impressed with the quality of the people I have dealt with. Keep doing what they are doing and they will keep my business as well as be warmly recommended by me.


Thomson Snell & Passmore's particular strengths are customer care and the speed at which they respond. Often when you are dealing with complicated issues speed is of the essence. I have not seen any weaknesses.


Clear, high quality communication and guidance.


Quick response to questions and successful outcomes due to good advice.


A huge thank you for helping to resolve such a difficult situation.


Realistic, pragmatic, good speed of response. They have built a relationship with us.

Chambers UK 2015

I feel confident in the way forward after speaking or meeting with the firm. They're very open and easy to talk to, with great expertise.

Chambers UK 2015

Thomson Snell & Passmore is 'very professional, and values its clients'. Department head Nick Hobden is praised for his 'professionalism and attention to detail'.


At every stage in instructing TS&P (and I have used them for Residential Conveyancing, Family Law and Employment Law) I have always been very impressed with the quality of the people I have dealt with. Keep doing what they are doing and they will keep my business as well as be warmly recommended by me.


Susanna was the first employment lawyer I've ever had to use. She was great and exceeded my expectations at every stage.


Susanna was clear and efficient in explaining my options when dealing with my employer. At no point was I left confused or unsure of my options. Exactly what I want in a lawyer!


I was particularly impressed with Ben’s attention to detail and clear explanation of the finer points.


Congratulations on your 10 years of success, with the quality of service you and your team provide I am sure the next 10 years will see more deserved success for you.


Thomson Snell & Passmore's particular strengths are customer care and the speed at which they respond. Often when you are dealing with complicated issues speed is of the essence. I have not seen any weaknesses.


Clear, high quality communication and guidance.


Quick response to questions and successful outcomes due to good advice.


I have worked with Susanna on two separate matters, and I find her to be thorough, considered, practical and extremely professional. She takes time to thoroughly understand the issues and gives carefully considered advice. During what was often a very stressful time, Susanna gave me great confidence and appropriate support, helping to ensure we achieved the best solution.


A huge thank you for helping to resolve such a difficult situation.


Thomson Snell & Passmore in my experience can meet expectation when dealing with employment matters and I would not recommend another practice before them. A highly professional service for a fair price.

Commercial client

Thank you so much to Thomson Snell & Passmore for the excellent mock tribunal‚ I found the experience extremely useful.


I am delighted that we work with Thomson Snell & Passmore and look forward to continuing the partnership.

Commercial client

Demonstrated they are a local company who offers a first class professional service to their clients.

Commercial client

Very personable partners, vast experience in most areas of lawyer business.

Corporate intermediary

Thanks for your advice and support. I would never have had the confidence to go through this to get this outcome without becoming a nervous wreck so thank you.

Private client

I would just like to thank you and your team so much for all the hard work, long hours and weekend working that you have put in over the last weeks and months on this case. We have definitely got a great result for our business.


The advice I got was first class from start to finish.

Private client

"They always look to provide a service that meets the needs of our organisation. " "A no-nonsense approach. The lawyers are open and frank, but very clever in terms of their strategy. "

Chambers UK 2016

Susanna Gilmartin has extensive experience representing clients before employment tribunals and the High Court regarding post-termination restrictions, breach of fiduciary duties and breach of confidentiality. Clients say she is "sensible, knows her stuff incredibly well and is very realistic in terms of managing expectations."    

Chambers UK 2016

Susanna was extremely competent in her approach and guided me through the process with clarity and professionalism at all times, she was a pleasure to have as my adviser


Head of department Nick Hobden has a strong focus on the healthcare and education sectors. He covers all aspects of employment law, with particular expertise in restructuring matters. 

Chambers UK 2016

Susanna was very professional, full of knowledge but mostly assuring and listened to her client and made sure I understood all the aspects of the process.    


The advice I got was helpful, straightforward and I find Susanna to be very knowledgeable.


Clearly understood the issues, explained to me what I was not really familiar with and confirmed that my understanding of certain aspects was indeed correct.


Clear concise advice and the negotiated removal of a number of unpleasant clauses to my benefit.


I have used TSP’s Workplace Law updates for number of years in my leadership roles with NCG, Royal British Legion Industries and now with Franksson David Consultancy Services.  In terms of up to the minute content, simple to understand language and ease of use they are by far the best quality updates I have come across as a HR practitioner.  I would strongly recommend them as an essential read to any HR professional.

David Jessop

Provided high quality advice!


I was able to meet and discuss my situation very soon after contacting TSP, Susanna was easy to contact and turned round review and responses to my employer swiftly, and the matter was dealt with within a relatively short timescale, minimising stress to me.


All the advice given was structured toward the type of business that we are.


Very prompt and responsive both during and after business hours, to successfully progress the case to agreement within a short time period and to schedule


Thank you to Nick Hobden, for the support and advice offered to me during a rather difficult period in my life.


I appreciate the responsiveness of Susanna with regards to my last minute request for help, and believe the advice given was very sound. I also recognise and appreciate the professionalism I have seen at all stages of our engagement


I came away understanding the background to the advice given, and I am happy that this takes into account my best interests


As one of the largest Multi-Academy Trusts often requiring immediate and reliable legal counsel, we have been so impressed with the services provided by TSP. Having confidence in the advice provided is the most important aspect of a solicitor/client relationship. The very nature of our business means that we seek legal support on a varied number of issues and the team at TSP have always been well equipped to manage that demand.  I cannot recommend them enough.  

Mark Burnett, The Kemnal Academies Trust

I appreciate the responsiveness of Susanna with regards to my last minute request for help, and believe the advice given was very sound. I also recognise and appreciate the professionalism I have seen at all stages of our engagement.


I came away understanding the background to the advice given, and I am happy that this takes into account my best interests


Quick response, talked me through the process as this situation was new to me. Discussed options throughout and gave good advice


Fast response to initial enquiry. Fast project cycle time. Fixed and reasonable price


Susanna was amazingly efficient and effective. Responses were clear, concise and timely, and objectives achieved.


Susanna was efficient and effective. Turnaround time was excellent. Susanna was very thorough and ensured I understood the agreement. She was also very personable and I felt very comfortable and confident throughout the process.


Clear explanations, provided options and associated implications. I felt well informed when making decisions.  


Alex has been amazing throughout this case. I definitely would not have got through the trial without him - you should be very proud of your work on this case


Nick Hobden was very knowledgeable, approachable, and was able to fit in with my timescales and cost budget.  


The service was accurate, and quick. We have not had a problem with the contract.


Elizabeth has been outstanding and wonderful and very professional. I'm very happy to have found a local law firm that have given me the confidence I need to use for my legal services.


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